News & Analysis as of

Relief Measures Tenants Commercial Leases

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

Seyfarth Shaw LLP

Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

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On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted...more

Miller Canfield

Sunset of Certain Bankruptcy Code Changes

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As we previously reported, the Bankruptcy Code saw many changes in 2020 and 2021. Some of the changes that were enacted under the Consolidated Appropriations Act, 2021 ("CAA") will soon end....more

Winthrop & Weinstine, P.A.

COVID, Commercial Leases and the Acceleration Clause

The COVID-19 pandemic hit commercial landlords and tenants hard. Many Minnesota businesses experienced a steep decline in revenue and, as a result, have been unable to either make their monthly rent payments or collect on the...more

Stoel Rives LLP

Stoel Rives Fifth Updated Guide to Washington State Eviction Moratoria and Tenant Protections

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In response to the COVID-19 crisis, many jurisdictions took emergency actions imposing moratoria on residential and commercial evictions affecting properties in Washington State. On March 27, Stoel Rives prepared a guide...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021

On October 20, 2020, in response to the continued health and economic hardships faced by New York business owners due to the COVID-19 pandemic, Governor Cuomo signed a new executive order extending the Statewide moratorium on...more

BCLP

Landlords' remedies for tenant default - a detailed analysis

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In this note we set out a menu of possible options available to landlords whose tenants already have, or likely will, default on rent payments and other lease obligations, with some practical tips. Before taking any action in...more

BCLP

Summary table of landlords' remedies for tenant default

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This table summarises landlords’ main options in the event of tenant default, and sets out some advantages, disadvantages and practical tips for each remedy (factoring in current Covid measures/restrictions as at 1 October...more

Pullman & Comley, LLC

Executions On Commercial Evictions and Limited Residential Evictions Can Proceed Starting September 2, 2020

Pullman & Comley, LLC on

Although Governor Lamont’s Executive Orders did not stay commercial evictions, they were practically stayed as the Judicial Branch imposed a stay on the service of any execution of eviction – the final step necessary to...more

Stoel Rives LLP

Stoel Rives Fourth Updated Guide to Washington State Eviction Moratoria and Tenant Protections

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Federal, state, and local rules related to COVID-19 are changing quickly. Our guide is based on the facts and guidance available as of September 2, 2020. Future developments may render our guide outdated. Washington State...more

BCLP

U.S. COVID-19: Protective Tips for New York Landlords and Tenants During COVID-19

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As New Yorkers grapple with the economic consequences of COVID-19, landlords and tenants must evaluate their relationship from a novel perspective. On March 7, 2020, Governor Cuomo issued Executive Order 202, which declared a...more

Stoel Rives LLP

Stoel Rives Third Updated Guide to Washington State Eviction Moratoria and Tenant Protections

Stoel Rives LLP on

Federal, state, and local rules related to COVID-19 are changing quickly. Our guide is based on the facts and guidance available today. Future developments may render our guide outdated. Washington State Moratorium on Rent...more

K&L Gates LLP

COVID-19 (Australia): Western Australia Regulations for Commercial Leases

K&L Gates LLP on

*This information is accurate as of 5.00 pm on 19 June 2020 and is subject to change as this situation evolves. The Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (Act) came into effect on 23 April 2020....more

Kramer Levin Naftalis & Frankel LLP

Commercial Leases in New York: Enforcement Is on Pause, but Negotiations Should Be Ongoing

New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more

Katten Muchin Rosenman LLP

NYC Law Renders Some Commercial Lease Guarantees Unenforceable

Under the newly enacted law Int. No. 1932-A, the New York City Administrative Code was amended to render unenforceable, in certain instances, the personal liability of guarantors of payment obligations contained in commercial...more

Jackson Walker

The Status of Eviction-Related Orders in Texas

Jackson Walker on

Starting May 19, 2020, trials, hearings, and proceedings for residential evictions have been allowed to resume across the state of Texas. On March 19th, the Texas Supreme Court issued an order temporarily suspending...more

Stoel Rives LLP

Stoel Rives Second Updated Guide to Washington State Eviction Moratoria and Tenant Protections

Stoel Rives LLP on

In response to the COVID-19 crisis, many jurisdictions took emergency actions imposing moratoria on residential and commercial evictions affecting properties in Washington State. On March 27, Stoel Rives prepared a guide...more

K&L Gates LLP

COVID-19: (Australia) Victorian Regulations for Commercial Leases and Licences

K&L Gates LLP on

*This information is accurate as of 5.00 pm on Monday, 4 May 2020 and is subject to change as this situation evolves. Following the release of the National Cabinet's Mandatory Code of Conduct: SME Commercial Leasing...more

Stoel Rives LLP

Stoel Rives Updated Guide to Washington State Eviction Moratoria and Tenant Protections

Stoel Rives LLP on

In response to the COVID-19 crisis, many jurisdictions took emergency actions imposing moratoria on residential and commercial evictions affecting properties in Washington State. On March 27, Stoel Rives prepared a guide...more

K&L Gates LLP

COVID-19: (Australia) New WA COVID-19 Laws Sets Wider Net for Impacted Landlords/Tenants

K&L Gates LLP on

*This information is accurate as of 11.00 am 28 April 2020 and is subject to change as this situation evolves. WA's Parliament has fast-tracked into law the Commercial Tenancies (COVID-19 Response) Act 2020 (WA) (CTCR),...more

Whitman Legal Solutions, LLC

Coronavirus--Navigating Landlord-Tenant Relationships

Like music teachers, who must be creative to sustain their relationships with students, landlords must be creative to maintain their relationships with tenants during this time. Ideally, landlords and tenants would work...more

Bowditch & Dewey

Massachusetts Pauses Residential and Commercial Evictions and Residential Foreclosures During the COVID-19 State of Emergency

Bowditch & Dewey on

As the Covid-19 global emergency continues, so does its economic impact.  The Massachusetts legislature and Governor Baker have enacted numerous initiatives aimed at, among other things, Massachusetts’ economic stability and...more

Seyfarth Shaw LLP

A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19...

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As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their...more

Seyfarth Shaw LLP

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

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As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

Snell & Wilmer

Nevada Suspends Commercial and Residential Evictions and Foreclosures Due to COVID-19 Crisis

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Nevada recently joined the rapidly-increasing list of states suspending or barring eviction and foreclosure actions during the COVID-19 pandemic. By both executive directives and judiciary orders, almost all foreclosure and...more

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